Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16783 of 2025 Arising Out of PS. Case No.-67 Year-2024 Thana- PIPRASI District- West Champaran ====================================================== Sandeep Kumar Son of Ramdaras Kushwaha Resident of Village -Dindyal Nagar, P.S. - Bagaha, District - West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 02-04-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The present application is for grant of anticipatory bail, in connection with Piprasi P.S. Case No.67 of 2024 for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. From the perusal of the First Information Report and Seizure List, it would go to show that a total of 169 litres of foreign liquor was recovered from an open space besides the river canal. The seizure of one motorcycle was also made and it is said that this motorcycle was being used to carry the said illicit liquor.

4. Learned counsel for the petitioner submits that although the FIR is against unknown, the name of the petitioner

Patna High Court CR. MISC. No.16783 of 2025(2) dt.02-04-2025 2/3 has transpired in this case on account of the fact that the petitioner happens to be the owner of the seized motorcycle. The learned counsel for the petitioner, however, draws my attention to the fact, stated in paragraph 10 of this petition, stating that the said motorcycle was stolen from the house of the petitioner on 02.10.2024 and an information with regard to the same was already given to the Police. It has further been submitted that no recovery has been made from the conscious possession of the petitioner and the seizure list has also not been signed by any independent witness.

5. Learned APP further points out that petitioner has also been made accused in another case of the same nature to which the learned counsel for the petitioner responds that he is on bail in the said case.

6. Considering the above facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bagaha, West Champaran, in connection with Piprasi P.S. Case No.67 of 2024 , subject to the condition laid down under Section 438 (2) of the Code of

Patna High Court CR. MISC. No.16783 of 2025(2) dt.02-04-2025 3/3 Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and subject to the further condition that:- (i) the petitioner shall co-operate in the investigation/trial.

(ii) the learned Court would, however, verify the criminal antecedent of the petitioner before releasing him on bail.

(Soni Shrivastava, J) sharun/- U T